Attempts to reach a settlement in a lengthy case brought by 184 Facebook moderators from Nairobi against the platform’s proprietor Meta have failed.
The moderators, who removed graphic and violent content, claim they were fired for organizing a union.
They were laid off by Sama, a regional subcontractor.
Sama previously told the BBC that it does not oppose unionization.
The moderators have filed a lawsuit against Meta, Sama, and another outsourcing company, Majorel.
Meta uses artificial intelligence to assist in identifying and removing graphic content from Facebook, but it also relies on thousands of human workers to identify problematic posts.
According to Sama, several moderators have spoken out about the traumatic nature of the content they were paid approximately $630 (£515) per month to remove from users’ accounts.
One moderator involved in the legal action expressed his distress to the BBC after viewing a video in which a man committed suicide in front of a child.
Sama has always maintained that it offered competitive local wages and mental health care.
In an August interview with the BBC, the company’s chief executive, Wendy Gonzalez, denied any opposition to unionization, stating that it was “not a concern.”
The company regrets accepting Facebook moderation duties.
Facebook’s labor in filtering posts ‘cost me my humanity’
Sama lay off 260 moderators when it terminated its contract with Meta. The 184 moderators who filed the lawsuit claim they were fired in retaliation for their complaints about working conditions and unionization efforts.
As part of their demands, they want Meta to guarantee that moderators have the opportunity to join a union and discuss working conditions.
The moderators also claim they were unfairly denied employment at Majorel, the contractor appointed to assume responsibility for African moderation duties following Sama’s departure.
Monday, however, it became clear that Meta’s collaboration with Majorel would not proceed.
“A recent court order means it is not possible for Meta to start planned content moderation work with Majorel in Kenya,” Meta indicated to the BBC.
It cited a court order issued as a consequence of the case, which prohibited the company from beginning any planned content moderation work with other contractors as long as the legal action was ongoing.
“We remain committed to Africa, and our content review work in local languages, so we’re exploring options with our partners who have a presence on the continent to ensure that we can continue to help keep people safe on our platforms,” according to the business.
Majorel disclosed to the BBC: “Unfortunately, and after careful consideration, today we notified approximately 200 of our employees in Nairobi of the commencement of a potential redundancy process.”
However, it reaffirmed its commitment to assisting Kenya in becoming a “premier destination” for digital outsourcing.
Serious discussions
The parties were ordered to pursue an out-of-court settlement via mediation in August.
The judge urged the parties to continue with “serious engagement” prior to the next hearing on October 31. This attempt has now failed, so the legal case will continue.
The moderators’ attorneys accused Meta of lacking commitment to the negotiations.
Their attorney, Mercy Mutemi, stated, “We are always happy to continue if they are willing to engage in a serious manner.”
Martha Dark of the advocacy group Foxglove, which supports the lawsuit, stated, “Meta’s procrastination has compelled them to return to court.”
However, Meta’s attorney argued that the parties were making progress in negotiations.
Sama stated in a press release that it was “disappointed that mediation did not result in a settlement.”
Separate from the court proceedings, it was able to reach a mutually acceptable resolution with approximately 60 moderators, demonstrating its “commitment and willingness to find an amicable, beneficial solution,” the company said.
Meta faces additional legal obstacles in Kenya.
A Kenyan court declared in February that former moderator Daniel Motaung could sue Meta for poor working conditions.
Meta is also facing legal action in Nairobi over allegations that its algorithm contributed to the viral spread of bigotry and violence on social media during Ethiopia’s civil war.
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